[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Rules and Regulations]
[Pages 42441-42443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18972]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / 
Rules and Regulations  

[[Page 42441]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0308; Product Identifier 2016-SW-083-AD; Amendment 
39-19022; AD 2017-18-13]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are superseding Airworthiness Directive (AD) 2015-22-51 for 
Agusta S.p.A. (Agusta) Model A109A and A109A II helicopters. AD 2015-
22-51 required pre-flight checking and inspecting each main rotor blade 
(blade) for a crack and replacing any cracked blade. This new AD 
removes the check and requires inspecting each blade more frequently. 
This AD is prompted by a crack that was not detected during any of the 
pre-flight checks. The actions of this AD are intended to address the 
unsafe condition on these products.

DATES: This AD becomes effective September 25, 2017.
    We must receive comments on this AD by November 7, 2017.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0308; or in person at the Docket Operations Office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the European Aviation Safety Agency (EASA) AD, the 
economic evaluation, any comments received, and other information. The 
street address for the Docket Operations Office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.
    For service information identified in this final rule, contact 
Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, 
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone 
+39-0331-711756; fax +39-0331-229046; or at http://www.leonardocompany.com/-/bulletins. You may review the referenced 
service information at the FAA, Office of the Regional Counsel, 
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 
76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments prior to it becoming effective. However, we 
invite you to participate in this rulemaking by submitting written 
comments, data, or views. We also invite comments relating to the 
economic, environmental, energy, or federalism impacts that resulted 
from adopting this AD. The most helpful comments reference a specific 
portion of the AD, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit them only one time. We will file in the docket all comments that 
we receive, as well as a report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking during the 
comment period. We will consider all the comments we receive and may 
conduct additional rulemaking based on those comments.

Discussion

    We issued Emergency AD 2015-22-51, which was published in the 
Federal Register as a Final rule; request for comments on February 1, 
2016, at 81 FR 5037. AD 2015-22-51 applied to Agusta Model A109A and 
A109AII helicopters with a blade part number (P/N) 109-0103-01-7, P/N 
109-0103-01-9, or P/N 109-0103-01-115 that had 500 or more hours time-
in-service (TIS). AD 2015-22-51 required, before further flight and 
every 24 clock-hours, inspecting the top and bottom surface of each 
blade for a crack. AD 2015-22-51 also required, before each flight, 
checking the top and bottom surface of each blade for a crack. AD 2015-
22-51 allowed this check to be performed by a pilot and required 
further inspection of the blade if there was a crack.
    AD 2015-22-51 was prompted by AD No. 2015-0190-E, dated September 
18, 2015, issued by EASA, which is the Technical Agent for the Member 
States of the European Union, to correct an unsafe condition for Agusta 
Model A109A and A109A II helicopters. EASA advised that abnormal 
vibrations were reported during a flight on a Model A109A II 
helicopter. During a post-flight inspection, a crack was found on a P/N 
109-0103-01-9 blade. EASA AD No. 2015-0190-E required pre-flight 
inspections and repetitive inspections of each blade. EASA advised that 
due to similarity of design, the inspections also applied to P/N 109-
0103-01-7 and P/N 109-0103-01-115 blades. EASA further advised that a 
cracked blade, if not detected and corrected, could affect the 
structural integrity of the blade, possibly resulting in blade failure 
and loss of control of the helicopter. EASA revised its AD and issued 
AD No. 2015-0190R1, dated October 23, 2015, to extend the interval of 
the repetitive inspections to 10 flight hours.

[[Page 42442]]

Actions Since AD 2015-22-51 Was Issued

    Since we issued AD 2015-22-51, Leonardo Helicopters (previously 
Agusta) issued Alert Bollettino Tecnico (BT) No. 109-150, Revision B, 
dated October 21, 2016, and EASA superseded AD 2015-0190R1 by issuing 
AD No. 2016-0213, dated October 26, 2016. EASA AD No. 2016-0213 was 
prompted by a crack in a blade P/N 109-0103-01-9 on a Model A109A II 
helicopter that was not detected during any of the pre-flight 
inspections. Upon a subsequent review of data, it was determined that 
the pre-flight inspections were ineffective to address the unsafe 
condition and that a shorter interval of the repetitive inspection is 
necessary. For these reasons, EASA AD 2016-0213 requires inspecting the 
blades for a crack at intervals not exceeding five flight hours.
    Additionally, the FAA is in the process of updating Agusta's name 
change to Leonardo Helicopters on its FAA type certificate. Because 
this name change is not yet effective, this AD specifies Agusta.

Comments on AD 2015-22-51

    After our Final rule; request for comments was published, we 
received comments from one commenter.

Request

    The commenter stated the AD's cost estimate for a new blade is 
erroneous, and while the AD identifies the cost of a single inspection, 
it does not account for the cumulative cost of the daily inspection 
over time.
    We agree. We have revised the cost of the blade in this final rule. 
As far as a cumulative cost of the repetitive inspections, this new AD 
changes the compliance interval to every 5 hours TIS. Since the 
cumulative cost would be different for every operator, we have made no 
change to the estimated costs in this regard.
    The commenter also requested the FAA require Agusta to design and 
provide a new blade to operators at no charge. The commenter stated the 
actual cost of the AD is financially devastating to operators and 
renders the helicopter worthless.
    We do not have the authority to direct manufacturers to provide 
parts or repairs to operators at no charge. We can only require repair 
or replacement of defective components that are installed on the 
helicopter. In light of this, we have made no change to the AD in this 
regard.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Italy and are approved for operation in the United States. Pursuant to 
our bilateral agreement with Italy, EASA, its technical representative, 
has notified us of the unsafe condition described in the EASA AD. We 
are issuing this AD because we evaluated all information provided by 
EASA and determined the unsafe condition exists and is likely to exist 
or develop on other helicopters of these same type designs.

Related Service Information

    We reviewed Leonardo Helicopters Alert BT No. 109-150, Revision B, 
dated October 21, 2016. This service information specifies inspecting 
the top and bottom surfaces of each blade for a crack in the area 
between station 1550 (the station at the end of the doublers) and 
station 3100 (the station at the beginning of the abrasion strip) for a 
crack every 5 flight hours and replacing a cracked blade.

AD Requirements

    This AD requires, before further flight, unless done within the 
last 5 hours TIS, and thereafter at intervals not to exceed 5 hours 
TIS, visually inspecting the top and bottom surface of each blade for a 
crack in the area between stations 1550 and 3100 using a 3X or higher 
power magnifying glass. If there is a crack, this AD requires replacing 
the blade.

Differences Between This AD and the EASA AD

    The EASA AD requires a type II dye penetrant inspection if in doubt 
about whether there is a crack, while this AD does not. The EASA AD 
also includes warning the pilot regarding cracked blades resulting in 
possible vibration, while this AD does not.

Interim Action

    We consider this AD interim action. If final action is later 
identified, we might consider further rulemaking then.

Costs of Compliance

    We estimate that this AD affects 33 helicopters of U.S. Registry. 
We estimate that operators may incur the following costs in order to 
comply with this AD. Labor costs are estimated at $85 per work-hour. We 
estimate 8 work-hours to inspect a set of four blades at a cost of $680 
per helicopter and $22,440 for the fleet per inspection cycle. We 
estimate 4 work-hours to replace a blade and the required parts will 
cost $124,000, for a replacement cost of $124,340 per blade.
    According to Leonardo Helicopter's service information, some of the 
costs of this AD may be covered under warranty, thereby reducing the 
cost impact on affected individuals. We do not control warranty 
coverage by Leonardo Helicopter. Accordingly, we have included all 
costs in our cost estimate.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting 
these AD requirements would delay implementing the safety actions 
needed to correct this known unsafe condition. Therefore, we find that 
the risk to the flying public justifies waiving notice and comment 
prior to the adoption of this rule because the required corrective 
actions must be completed before further flight or within 5 hours TIS 
after the effective date of this AD.
    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable and that good 
cause exists for making this amendment effective in less than 30 days.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;

[[Page 42443]]

    2. Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply 
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2015-22-51, Amendment 39-18386 (81 FR 5037, February 1, 2016), and 
adding the following new AD:

2017-18-13 Agusta S.p.A.: Amendment 39-19022; Docket No. FAA-2017-
0308; Product Identifier 2016-SW-083-AD.

(a) Applicability

    This AD applies to Model A109A and A109A II helicopters with a 
main rotor blade (blade) part number (P/N) 109-0103-01-7, P/N 109-
0103-01-9, or P/N 109-0103-01-115 that has 500 or more hours time-
in-service (TIS) installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a blade. This 
condition could result in failure of a blade and subsequent loss of 
control of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2015-22-51, Amendment 39-18386 (81 FR 
5037, February 1, 2016).

(d) Effective Date

    This AD becomes effective September 25, 2017.

(e) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(f) Required Actions

    Before further flight, unless already done within the last 5 
hours TIS, and thereafter at intervals not to exceed 5 hours TIS:
    (1) Using a 3X or higher power magnifying glass, visually 
inspect the top and bottom surface of each blade for a crack in the 
area between the station at the end of the doublers (station 1550) 
and the station at the beginning of the abrasion strip (station 
3100).
    (2) If there is a crack, replace the blade before further 
flight. Replacing the blade with blade P/N 109-0103-01-7, P/N 109-
0103-01-9, or P/N 109-0103-01-115 does not constitute terminating 
action for the repetitive inspections required by this AD.

(g) Special Flight Permits

    Special flight permits are prohibited.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, FAA, may approve 
AMOCs for this AD. Send your proposal to: Matt Fuller, Senior 
Aviation Safety Engineer, Safety Management Section, Rotorcraft 
Standards Branch, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; 
telephone (817) 222-5110; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office, before operating any aircraft 
complying with this AD through an AMOC.

(i) Additional Information

    (1) Leonardo Helicopters Alert Bollettino Tecnico No. 109-150, 
Revision B, dated October 21, 2016, which is not incorporated by 
reference, contains additional information about the subject of this 
AD. For service information identified in this AD, contact Leonardo 
S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, Viale 
G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-
0331-711756; fax +39-0331-229046; or at http://www.leonardocompany.com/-/bulletins. You may review a copy of the 
service information at the FAA, Office of the Regional Counsel, 
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 
76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2016-0213, dated October 26, 2016. You 
may view the EASA AD on the Internet at http://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2017-0308.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 6210, Main Rotor 
Blade.

    Issued in Fort Worth, Texas, on August 30, 2017.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2017-18972 Filed 9-7-17; 8:45 am]
 BILLING CODE 4910-13-P